Candidate & Campaign Treasurer Handbook
Chapter 12: Political Advertising Also, the disclaimer language alternatives provided above must be verbatim as quoted ins. 1.06.1.43, F.S. Variations are prohibited A political advertisement is a paid expression bylaw. in a communications medium prescribed in section 106.011(4) F.S., whether radio, Any political advertisement of a candidate television, newspaper, magazine, periodical, running for partisan office shall express the campaign literature, direct mail, or display or name of the political party of which the by means other than the spoken word in candidate is seeking nomination or is the direct conversation, which expressly nominee. advocates the election or defeat of a candidate or the approval or rejection of an If the candidate for partisan office is issue. running as a candidate with no party (Section 106.011(151 F.S.) affiliation, any advertisement of the candidate must state that the candidate has no party affiliation. A candidate who is registered in a political party may run as a Candidate Disclaimers candidate with "no party affiliation11 without changing his or her registration. Except as noted below, any political advertisement that is paid for by a The candidate shall provide a written and candidate (except a write-in candidate} statement of authorization to the that is published, displayed, or circulated newspaper, radio station, television station, before, or on the day of, any election must or other medium for each advertisement prominently state: submitted for publication, display, broadcast, or other distribution. 0 Political advertisement paid for and approved by (name of candidate), (party Candidates running for non-partisan office affiliation) for (office sought)" Qr "Paid by may not state the candidate's political party (name of candidate), (party affiliation), for affiliation in the disclaimer, or in the body of (office sought)." the advertisement. Exception: The candidate is not prohibited from stating the Any political advertisement that is paid for candidate's partisan related experience. by a write-in candidate and that is (Sections 106.143(3} and (Sh F.S.) published, displayed, or circulated before, or on the day of, any election must prominently Note: A candidate running for an office that state: has a district, group, or seat number does not have to indicate the district, group, or "Political advertisement paid for and seat number in the political advertisement approved by (name of candidate), write-in or disclaimer. candidate, for (office sought)" Qr "Paid by (name of candidate), write-in candidate, for (office sought)." (Section 106.143(11 F.S.)
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Exceptions to Disclaimer account is an official website or account Requirements of the candidate or political committee and is approved by the candidate or The disclaimer requirement in section political committee. A website or 106.143(1), Florida Statutes, does not apply account may not be marked as official to any campaign message or political without prior approval by the candidate advertisement used by a candidate and the or political committee. candidate's supporters or by a political committee .if the message or advertisement is: (f) Distributed as a text message or other message via Short Message Service, (a} Designed to be worn by a person. provided the message is no more than 200 characters in length or requires the (b) Placed as a paid link on an Internet recipient to sign up or opt in to receive it. website provided the message or advertisement is no more than 200 (g) Connected with or Included in any characters in length and the link directs software application or accompanying the user to another Internet website that function, provided that the user signs up, complies with the · disclaimer opts in, downloads, or otherwise requirements in section 106.143(1), accesses the application from or through Florida Statutes. a website that complies with section 106.143(1), Florida Statutes. (c) Placed as a graphic or picture link where compliance with the requirements of (h) Sent by a third-party user from or this section is not reasonably practical through a campaign or committee's due to the size of the graphic or picture website, provided the website complies link and the link directs the user to with section 106.143(1), Florida Statutes. another Internet website that compiles with section 106.143(1), Florida Statutes. (i) Contained in or distributed through any other technology-related item, service, (d) Placed at no cost on an Internet website or device for which compliance with for which there is no cost to post content section 106.143(1), Florida Statutes, is for public users. not reasonably practical due to the size or nature of such item, service, or device (e) Placed or distributed on an unpaid as available, or the means of displaying profile or account which is available to the message or advertisement makes the public without charge or on a social compliance with section 106.143(1), networking Internet website, as long as Florida Statutes, impracticable. the source of the message or (Section 106.143(10l F.S.} advertisement is patently clear from the content or format of the message or Disclaimer requirements do not apply to advertisement. A candidate or political individuals seeking a publicly elected committee may prominently display a position on a political party executive statement indicating that the website or committee.
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Examples ofadvenisements with disclaimers:
Note: The word "elect" or "re-elect" is not required to be used in political advertisements. However, the word "re-elect" may not be used ifthe candidate is not the incumbent for the office sought.
1. Non-incumbent, partisan candidate running for partisan office:
ELECT OR ELECT JANE DOE JANE DOE For State Representative For State Representative District9 Dlstrlct9 Polltlcal advertisement paid for and approved Paid by Jane Doe, Rep.• for State by Jane Doe, Republican, for State Representative Representative.
2. Incumbent, partisan candidate running for partisan office:
RE-ELECT RE-ELECT JOHN DOE John Doe Sheriff Sheriff Political advertisement paid for and approved by John Doe, Paid by John Doe, Democrat, Democrat, for Sheriff for Sheriff OR
3. Non-incumbent, no party affiliation candidate running for partisan office:
ELECT ELECT John Doe Joe Doe For State Senate For State Senate
Political advertisement paid for and Pald by John Doe, No Party Affiliation, approved by John Doe, NPA, for State Senate for State Senate
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4. Non-incumbent candidate running for nonpartisan office:
ELECT ELECT John Doe John Doe For School Board For School Board
Political advertisement paid for and Paid by John Doe for School Board approved by John Doe for School Board OR
5. Incumbent candidate running for nonpartisan office:
RE-ELECT RE-ELECT Jane Doe Jane Doe School Board School Board
Political advertisement paid for and Paid by Jane Doe for School Board approved by Jane Doe for School Board
Disclaimer for Write-in Candidates
Any political advertisement that is paid for by a write-in candidate and that is published, or circulated before, or on the day of, any election must prominently state: "political advertisement paid for and approved by...(name ofcandidate)..., write-in candidate, for ... (office sought) ..." OR 11Paid by... (name ofcandidate)..., write-in candidate, for ... (office sought} ...''
Example:
·~ ~ ..J{ ElectJohnDoe '(;:}( Elect John Doe County Commission ''i::-11 ~ County Commission Dlstrlct5 'fl District 5 Political advertisement paid for and approved by John Doe, Paid by John Doe, write-in candidate, write-in candidate, for County Commission for County Commission
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Non-incumbent Advertisements
Required:
The word "for" must be used in the body of such advertisement between the name of the candidate and the office sought. This does not apply to bumper stickers, or if the advertisement satisfies one of the exceptions in section 106.143(10), Florida Statutes.
Example:
- ElectJohn Doe for County Commission Elect John Doe District 5 for County Commission ( ( District 5 Political advertisement pald for and Paid byJohn Doe, Green Party of approved byJohn Doe, Green Party of Florida, for County Commission Florida, for County Commission
Advertisement Provided In-kind
Required:
Political advertisements made as in-kind contributions from a political party must prominently state: ''Paid political advertisement paid for by in-kind by (name of political party) Approved by (name ofperson, party affiliation, and office sought in the political advertisement.)"
Example:
· Elect Jane Doe ~ · W for State Senate, W District 5
Paid political advertisement paid for by in-kind by Libertarlan Party of Florida Approved by Jane Doe, Libertarlan Party of Florida, State Senate
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Chapter 13: Other Disclaimers
Any political advertisement not paid for by a candidate that is published, displayed, or circulated prior to, or on the day of, any election must prominently be marked "paid political advertisement" or "pd. pol. adv. 11 and must state the name and address of the persons paying for the advertisement.
The political advertisement must also state whether the advertisement and cost of production is paid for or provided in-kind by or at the expense ofthe entity publishing, displaying, broadcasting, or circulating the political advertisement. (Section 106.143(1)(cJ, F.S.)
Endorsements in Political Advertisements
It is unlawful for any candidate or person on behalf of a candidate to represent that any person or organization supports such candidate, unless the person or organization so represented has given specific approval in writing to the candidate to make such representation. However, this paragraph does not apply to editorial endorsement by any newspaper, radio or television station, or other recognized news medium; and publication by a party committee advocating the candidacy of its nominees. (Section 106.143(4). F.S.)
Example:
Political advertisement for a candidate representing that an organization supports him, paid for in-kind by the organization, with specific approval from the organization in writing:
ELECT ABC Foundation John Doe July 15. 2006 For County Commission, Dlstrlct 1 Demotrat Dear Sir or Madam: Suppoited by ABC foundatjon Please let this letter serve as our Pd. Pol. Adv. Sponsored and paid for in-kind by ABC approvalof the political Foundation, Zero Street, Jupiter, FL 32323 Approved advertisement ~upporting John by John Doe, Democrat, For countyCommission Doe for County Commission, District 1.
The content of this advertisement was reviewed and approved in advance. Sintorely, Mr.Smith
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Independent Expenditure Disclaimers
Any person who makes an independent expenditure for a political advertisement shall provide a written statement that no candidate has approved the advertisement to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast, or other distribution. The advertisement must also contain a statement that no candidate has approved the advertisement. This paragraph does not apply to campaign messages used by a candidate and his or her supporters ifthose messages are designed to be worn by a person. (Sections 106.143(5Jfb) and (10}, F.S.)
Example:
Independent expenditure political advertisement supporting a partisan candidate running for a partisan office:
ABC Foundation Supports ABC Foundation
Jane Doe July 15, 2006
For Public Defender, Fourth Circuit Democrat Dear Sir or Madam: The enclosed advertisement Is an Paid Political Advertisement paid for by the ABC independent expenditure by the Foundation 444 Robin Lane, Jacksonville, fl33433 ABC Foundation in support of Jane independently of any candidate. Doe for Public Defender, Fourth This advertisement was not approved by any Circuit. candidate. This advertlsementwas not approved by any candidate. Sincerely, Mr. Smith
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Disclaimers for Other than Independent Expenditures
Any political advertisement, not paid for by a candidate, including those paid for by a political party or affiliated party committee, other than an independent expenditure, offered on behalf of a candidate must be approved in advance by the candidate. Such political advertisement must expressly state that the content of the advertisement was approved by the candidate and must state who paid for the advertisement. The candidate shall provide a written statement of authorization to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast, or other distribution. This paragraph does not apply to messages used by a candidate and his or her supporters if those messages are designed to be worn by a person. (Section 106.143(5)(a) and (10i F.S.)
Example:
Political advertisement, not an independent expenditure, offered on behalf of a nonpartisan candidate:
July 15, 2006 ABC Foundation Supports the Re-Election of Jane Doe Nassau County Judge Dear Sir or Madam: Pd. Pol. Adv. By ABC Foundation 111 Jewel Street, Tallahassee, FL 32333 Content approved in advance byJane Doe, Please let this letter serve as my For Nassau County Judge approval of the political advertisement by the ABC Foundation supporting my candidacy for Nassau County Judge.
Sincerely, Jane Doe 11
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Disclaimers on Novelty Items
None of the requirements of Section 106.143, Florida Statutes, apply to novelty items having a retail value of $10 or less which support, but do not oppose, a candidate or issue. (Section 106.143(8), F.S.)
Examples:
0: ' I II 1111 11 ' Pens/Pencils Golf Balls Balloons
Language Other Than English
Any political advertisement which is published, displayed, or produced in a language other than English may provide the information required by Section 106.143, Florida Statutes, in the language used in the advertisement. (Section 106.143(9), F.5.)
Electioneering Communications Disclaimers
Any electioneering communication, other than a telephone call, shall prominently state "Paid electioneering communication paid for by... (Name and address of person paying for the communication).... " For disclaimers on telephone calls, see Chapter 16, Solicitation. Any person who fails to include the disclaimer in any electioneering communication that Is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in Section 775.082 or 775.083, F.S. (Section 106.1439, F.S.)
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Other Political Disclaimer Examples
Billboards:
ELECT John Doe for Sherlff
Political advertisement paid for and approved by John Doe, Republican, for Sheriff
Clothing:
None of the requirements of Section 106.143, Florida Statutes, to include political disclaimers, apply to campaign messages or political advertisements used by a candidate and the candidate's supporters or by a political committee if the message advertised is designed to be worn by a person. (Section 106.143(10L F.S.)
John Doe, Sheriff
Bumper stickers:
Jane Doe State Senate, District 17
Paid by Jane Doe, Rep., for State Senate
NOTE: On bumper stickers, there is no requirement to use the word "for" between the candidate's name and the office being sought in the body of the bumper sticker. (Section 106.143(6l F.S.)
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Miscellaneous Advertisements
Any advertisement, other than a political advertisement, independent expenditure, or electioneering communication, on billboards, bumper stickers, radio, or television, or in a newspaper, a magazine, or a periodical, intended to influence public policy or the vote of a public official, shall clearly designate the sponsor of such advertisement by including a clearly readable statement of sponsorship. If the advertisement is broadcast on television, the advertisement shall also contain a verbal statement of sponsorship. This section shall not apply to an editorial endorsement. (Section 106.1437, F.S.)
Example ofan advertisement to influence the vote ofa public official:
To River Heights County Commissioners
Vote AGAINST Increasing our property tax rate.
Sponsored by ABC Homeowt'ler As~ociation
An expenditure made for, or in furtherance of, a miscellaneous advertisement is not considered to be a contribution to or on behalf of a candidate, and does not constitute an independent expenditure. Such expenditures are not subject to the limitations applicable to independent expenditures.
Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts
Each candidate, political party, and political committee must use closed captioning and descriptive narrative in all television broadcasts regulated by the Federal Communications Commission that are on behalf of, or sponsored by, a candidate, political party, affiliated party committee, or political committee or must file a written statement with the qualifying officer setting forth the reasons for not doing so. Failure to file this statement with the qualifying officer constitutes a violation of the Florida Election Code and is under the jurisdiction of the Florida Elections Commission. (Section 106.165, F.S.)
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